Salt Lake Telegram | 1937-04-02 | Page 21 | Alibi Claim Leads to Perjury Charge

Alibi Claim Leads To Perjurg Charge Teachers Testify Children Were Not Where Father Swore They Were . Alleged attempU of James Kilpatrick Jr, 29, 358 West Sixth South street, to involve hit two small children in a purported scheme to prove an alibi for a friend who faced a petty larceny charge in district court, failed Friday when prosecutors resorted to testimony of school teachers to prove the children were in classrooms on March 3 and not at premises of Mrs, Zelm a Owens, 24, of 310 West Sixth South street, as allegedly represented by Kilpatrick. Rssourcefulnsss of ths prosecutor, B. E. Roberts, deputy county attorney, attor-ney, resulted la Kilpatrick being held for trial by City Judge B. P. Levsrich on a perjury charge. Kilpatrick, with Mrs. Owens, Is alleged to have tsstiflsd at ths trial on appeal of Ralph Lashaway, 34, of 93 Fourth East street, that he (Kilpatrick), Lashaway and Kll pat-rick's pat-rick's children were at Mrs. Owens' home on March 3 whan Lashaway and Kilpatrick were accussd of stealing two cases of beer from Blr-rell Blr-rell Bottling company. Kilpatrick waa freed by the Jury and a mistrial waa declared In Lash-away'a Lash-away'a cass. Filing of a perjury charge against Kilpatrick and Mrs. Owsns followed. Highlight of ths hearing for Kilpatrick Kil-patrick on 'the perjury count was testimony of Frances Taylor and Jane Callahan, teachers at Fremont school, who said that both ths Kilpatrick Kil-patrick children were In school on the date Involved. Kilpatrick waa released to his attorney at-torney after the preliminary hearing hear-ing and will probably bs arraigned April 10 in district court on ths chsrgs. Meantime' the district attorney's office planned to retry Lashaway on the pstty larceny charge. The case baa been tentatively aet for next week. Lashaway waa convicted in city court and appealed from a four months' Jail term Imposed by Judge Leverich.